Notice2021-25096
Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Shark Research Fishery Permits; Letters of Acknowledgment
Primary source
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Published
November 17, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces its intent to issue exempted fishing permits (EFPs), scientific research permits (SRPs), display permits, letters of acknowledgment (LOAs), and shark research fishery permits for Atlantic highly migratory species (HMS) in 2022. EFPs and related permits would authorize collection of a limited number of Atlantic HMS, including tunas, swordfish, billfishes, and sharks, from Federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific research, data collection, the investigation of bycatch, and public display, among other things. LOAs acknowledge that scientific research activity aboard a scientific research vessel is being conducted. Generally, EFPs and related permits would be valid from the date of issuance through December 31, 2022, unless otherwise specified in the permit, subject to the terms and conditions of individual permits.
Full Text
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<title>Federal Register, Volume 86 Issue 219 (Wednesday, November 17, 2021)</title>
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[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Notices]
[Pages 64188-64190]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25096]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB535]
Atlantic Highly Migratory Species; Exempted Fishing, Scientific
Research, Display, and Shark Research Fishery Permits; Letters of
Acknowledgment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent; request for comments.
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SUMMARY: NMFS announces its intent to issue exempted fishing permits
(EFPs), scientific research permits (SRPs), display permits, letters of
acknowledgment (LOAs), and shark research fishery permits for Atlantic
highly migratory species (HMS) in 2022. EFPs and related permits would
authorize collection of a limited number of Atlantic HMS, including
tunas, swordfish, billfishes, and sharks, from Federal waters in the
Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of
scientific research, data collection, the investigation of bycatch, and
public display, among other things. LOAs acknowledge that scientific
research activity aboard a scientific research vessel is being
conducted. Generally, EFPs and related permits would be valid from the
date of issuance through December 31, 2022, unless otherwise specified
in the permit, subject to the terms and conditions of individual
permits.
DATES: Written comments received in response to this notice will be
considered by NMFS when issuing EFPs and related permits, and must be
received on or before December 17, 2021.
ADDRESSES: Comments may be submitted electronically via the Federal e-
Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-
NMFS-2021-0108 in the Search box. Click on the ``Comment'' icon,
complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Craig Cockrell, phone: (301) 427-8503,
email: <a href="/cdn-cgi/l/email-protection#ddbeafbcb4baf3beb2beb6afb8b1b19db3b2bcbcf3bab2ab"><span class="__cf_email__" data-cfemail="3d5e4f5c545a135e525e564f5851517d53525c5c135a524b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries are managed under the
dual authority of both the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and the
Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). The 2006
Consolidated Atlantic HMS Fishery Management Plan (2006 Consolidated
HMS FMP) and its amendments are implemented by regulations at 50 CFR
part 635. The regulations specific to HMS EFPs and related permits can
be found at Sec. 635.32.
NMFS issues EFPs and related permits where Atlantic HMS regulations
(e.g., fishing seasons, prohibited species, authorized gear, closed
areas, and minimum sizes) may otherwise prohibit the collection of live
animals and/or biological samples for data collection and public
display purposes or may otherwise prohibit certain fishing activities
that NMFS has an interest in permitting or acknowledging. Consistent
with 50 CFR 600.745 and 635.32, the NMFS Regional Administrator or
Director may authorize, for limited testing, public display, data
collection, exploratory fishing, compensation fishing, conservation
engineering, health and safety surveys, environmental cleanup, and/or
hazard removal purposes, the target or incidental harvest of species
managed under a fishery management plan (FMP) or fishery regulations
that would otherwise be prohibited. These permits exempt permit holders
from the specific portions of the regulations that may otherwise
prohibit the collection of Atlantic HMS for public education, public
display, or scientific research. Collection of Atlantic HMS under EFPs,
SRPs, display permits, and shark research fishery permits represents a
small portion of the overall fishing mortality for Atlantic HMS, and
this mortality is counted against the relevant quota, as appropriate
and applicable. The terms and conditions of individual permits are
unique; however, all permits
[[Page 64189]]
will include reporting requirements, limit the number and/or species of
Atlantic HMS to be collected, and only authorize collection in Federal
waters of the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea.
The Magnuson-Stevens Act exempts scientific research conducted by a
scientific research vessel from the definition of ``fishing.'' NMFS
issues LOAs acknowledging such bona fide research activities involving
species that are only regulated under the Magnuson-Stevens Act (e.g.,
most species of sharks) and not under ATCA. NMFS generally does not
consider recreational or commercial vessels to be bona fide research
vessels. However, if the vessels have been contracted only to conduct
research and not participate in any commercial or recreational fishing
activities during that research, NMFS may consider those vessels as
bona fide research platforms while conducting the specified research.
For example, in the past, NMFS has determined that commercial pelagic
longline vessels assisting with population surveys for sharks may be
considered ``bona fide research vessels'' while engaged only in the
specified research. For such activities, NMFS reviews scientific
research plans and may issue an LOA acknowledging that the proposed
activity is scientific research for purposes of the Magnuson-Stevens
Act. Examples of research acknowledged by LOAs include tagging and
releasing sharks during bottom longline surveys to understand the
distribution and seasonal abundance of different shark species, and
collecting and sampling sharks caught during trawl surveys for life
history and bycatch studies.
While scientific research is not defined as ``fishing'' subject to
the Magnuson-Stevens Act, scientific research is not exempt from
regulation under ATCA. Therefore, NMFS issues SRPs that authorize
researchers to collect HMS from bona fide research vessels for
collection of species managed under this statute (i.e., tunas,
swordfish, and billfish). One example of research conducted under SRPs
consists of scientific surveys of tunas, swordfish, and billfish
conducted from NOAA research vessels.
EFPs are issued for activities conducted from commercial or
recreational fishing vessels. Examples of activities conducted under
EFPs include collection of young-of-the-year bluefin tuna for genetic
research from recreational fishing vessels; conducting billfish larval
tows from private vessels to determine billfish habitat use, life
history, and population structure; and tagging sharks caught on
commercial or recreational fishing gear to determine post-release
mortality rates.
NMFS also intends to issue display permits for the collection of
sharks and other HMS for public display in 2022. Collection of sharks
and other HMS sought for public display in aquaria often involves
collection when the commercial fishing seasons are closed, collection
of otherwise prohibited species (e.g., sand tiger sharks), and
collection of fish below the regulatory minimum size. NMFS published
the final rule for Amendment 2 to the 2006 Consolidated HMS FMP (73 FR
35778; June 24, 2008; corrected version published July 15, 2008; 73 FR
40658) which included, among other things, that dusky sharks cannot be
collected for public display.
The majority of EFPs and related permits described in this annual
notice relate to scientific sampling and tagging of Atlantic HMS within
existing quotas, and the impacts of the activities to be conducted
usually have been previously analyzed in various environmental
assessments and environmental impact statements for Atlantic HMS
management. In most such cases, NMFS intends to issue these permits
without additional opportunity for public comment beyond what is
provided in this notice. Occasionally, NMFS receives applications for
research activities that were not anticipated, or for research that is
outside the scope of general scientific sampling and tagging of
Atlantic HMS, or rarely, for research that is particularly
controversial. NMFS will provide additional opportunity for public
comment, consistent with the regulations at 50 CFR 600.745, should such
applications be received by NMFS.
In addition, this notice invites comments on the shark research
fishery first implemented through Amendment 2 to the 2006 Consolidated
HMS FMP. This research fishery is conducted under the auspices of the
EFP program. Shark research fishery permit holders assist NMFS in
collecting valuable shark life history and other scientific data
required in shark stock assessments. Since the shark research fishery
was established in 2008, the research fishery has allowed for: The
collection of fishery dependent data for current and future stock
assessments; the operation of cooperative research to meet NMFS'
ongoing research objectives; the collection of updated life-history
information used in the sandbar shark (and other species) stock
assessment; the collection of data on habitat preferences that might
help reduce fishery interactions through bycatch mitigation; the
evaluation of the utility of the mid-Atlantic closed area on the
recovery of dusky sharks; the collection of hook-timer and pop-up
satellite archival tag information to determine at-vessel and post-
release mortality of dusky sharks; and the collection of sharks to
update the weight conversion factor from dressed weight to whole
weight. Shark research fishery participants are subject to 100-percent
observer coverage. In recent years, all non-prohibited shark species
brought back to the vessel dead have been required to be retained and
were counted against the appropriate quotas of the shark research
fishery participant. Additionally, in recent years, all participants of
the shark research fishery were limited to a very small number of dusky
shark mortalities on a regional basis. Once the designated number of
dusky shark mortalities occurs in a specific region, certain terms and
conditions are applied (e.g., soak time limits). While the specific
terms and conditions of the 2022 SRF permit have yet to be decided,
NMFS expects that participants would continue to be limited in the
number of sets allowed on each trip and the number of hooks allowed on
each set and on the vessel itself. A Federal Register notice describing
the specific objectives for the shark research fishery in 2022 and
requesting applications from interested and eligible shark fishermen is
expected to publish in the near future. NMFS requests public comment
regarding NMFS' intent to issue shark research fishery permits in 2022
during the comment period of this notice.
The number of specimens that have been authorized thus far under
EFPs and other related permits for 2021, as well as the number of
specimens collected in 2020, is summarized in Table 1. The total amount
of collections in 2020 were within the analyzed quotas for all quota
managed Atlantic HMS species. The number of specimens collected in 2021
will be available when all 2021 interim and annual reports are
submitted to NMFS.
In all cases, mortalities associated with EFPs, SRPs, or display
permits (except for larvae) are counted against the appropriate quota.
NMFS issued a total of 31 EFPs, SRPs, display permits, and LOAs in 2020
for the collection of HMS and 8 shark research fishery permits. As of
October 13, 2021, NMFS has issued a total of 38 EFPs, SRPs, display
permits, and LOAs and 4 shark research fishery permits.
[[Page 64190]]
Table 1--Summary of HMS Exempted Fishing Permits Issued in 2020 and 2021, Other Than Shark Research Fishery Permits
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2020 2021
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Permit type Species Authorized Fish kept/ Authorized
Permits issued fish (numbers) discarded dead Permits issued fish (numbers)
\1\ (numbers) \1\
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EFP....................................... HMS......................... 10 550 0 5 \2\ N/A
Shark....................... 3 0 2 3 0
Tuna........................ 2 750 0 1 \2\ N/A
Swordfish................... 0 0 0 1 0
SRP....................................... HMS......................... 1 50 0 3 770
Shark....................... 2 1,325 3 1 1,010
Display................................... HMS......................... 2 82 0 1 55
Shark....................... 6 321 22 5 287
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Total................................. ............................ 28 3,078 27 20 2,122
LOA \3\................................... Shark....................... 5 0 427 18 0
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Note: ``HMS'' refers to multiple species being collected under a given permit type.
\1\ Some shark EFPs, SRPs, and LOAs were issued for the purposes of tagging and the opportunistic sampling of sharks or other Atlantic HMS and were not
expected to result in large amounts of mortality, thus no limits on sampling were set. Some mortality may occur throughout 2021, and will be accounted
for under the 60 metric ton shark research and display quota.
\2\ These permits are issued to commercial fishermen and the number of species retained are governed by commercial retention limits.
\3\ LOAs acknowledge, but do not authorize, scientific research activity. Thus, the number of sharks in the authorized fish column are in part estimates
of harvest under LOAs. LOA holders are either required or encouraged to report all fishing activities in a timely manner.
Final decisions on the issuance of any EFPs, SRPs, display permits,
and shark research fishery permits will depend on the submission of all
required information about the proposed activities, NMFS' review of
public comments received on this notice, an applicant's reporting
history on past permits, if vessels or applicants were issued any prior
violations of marine resource laws administered by NOAA, consistency
with relevant NEPA documents, and any consultations with appropriate
Regional Fishery Management Councils, states, or Federal agencies. NMFS
does not anticipate any significant environmental impacts from the
issuance of these EFPs, consistent with the assessment of such
activities within the environmental impacts analyses in existing HMS
actions, including the 1999 FMP, the 2006 Consolidated HMS FMP and its
amendments, Amendment 2 to the Consolidated HMS FMP, the Environmental
Assessment for the 2012 Swordfish Specifications, and the Environmental
Assessment for the 2015 Final Bluefin Tuna Quota and Atlantic Tuna
Fisheries Management Measures.
Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.
Dated: November 12, 2021.
Michael Ruccio,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-25096 Filed 11-16-21; 8:45 am]
BILLING CODE 3510-22-P
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